Nelson v. Glasoe

VOGEL, Judge.

This is an appeal from a judgment granting to the plaintiff grain elevator operator (buyer) liquidated damages for nondelivery of grain under a written contract with the defendant farmer (seller).

The contract was executed and dated December 7,1972. It called for the delivery of 9,000 bushels of spring wheat between April 1, 1973, and June 30, 1973, with the exact delivery date to be selected by the buyer, with at least two days’ notice to be given to the seller. It further provided:

“If Buyer’s elevator or other storage facilities at delivery point are for any reason unable to…